Patna High Court

Vikash PaswanversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The court directed the Sub‑Divisional Officer to consider the petitioner’s representations within eight weeks, after giving notice and an opportunity of hearing.

Summary

The petitioner, Vikash Paswan, applied for appointment as a Public Distribution System (PDS) dealer on compassionate grounds after his mother, a licensed dealer, died. He filed an application on 22‑02‑2024 and subsequent reminders, but the authorities had not acted. Both parties consented to dispose of the writ petition at the admission stage. The court, noting the respondent State's willingness, directed the Sub‑Divisional Officer of Sheohar to consider the petitioner’s representations dated 22‑02‑2024, 27‑06‑2025 and 05‑07‑2025 within eight weeks, to give notice to the petitioner and provide an opportunity of hearing. The petition was thereby disposed with these directions.

Issues considered

Whether the Sub‑Divisional Officer should be directed to adjudicate the petitioner’s application for appointment as a PDS dealer on compassionate grounds.
Whether a writ petition can be disposed at the admission stage with directions to the administrative authority without adjudicating the merits.

Subjects

PDS dealer
compassionate appointment
writ petition
administrative law
direction to authority
notice and hearing

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2149 of 2026
                 ======================================================
                 Vikash Paswan, Son of Sri Chand Paswan, resident of Bakhar Chandiha,
                 Police Station- Purnahiya, District- Sheohar.
                                                                           ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar through Chief Secretary, Food and Civil Supply
                  Department, Government of Bihar, Patna.
           2.    The Divisional Commissioner, Muzaffarpur Division, Bihar.
           3.    The District Magistrate-cum-Collector, Sheohar.
           4.    The Sub-Divisional Officer, Sheohar, District- Sheohar.
           5.    The Circle Officer, Purnahiya, District- Sheohar.
           6.    The Block Supply Officer, Purnahiya, District- Sheohar.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Pravashankar Mishra, Adv.
                 For the Respondent/s   :      Mr.Addl. Advocate General (04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   13-03-2026                 Without going into the merits or demerits of the case,

                   the present writ petition is disposed of at the stage of admission

                   with the consent of both the counsels.

                               2. Learned counsel appearing on behalf of the

                   petitioner submits that the mother of the petitioner was a PDS

                   dealer bearing License No. 15 of 1993 and she died on

                   04.06.2023. Thereafter the petitioner has filed his application

                   seeking appointment on compassionate ground on 22.02.2024

                   (Annexure P/3) and thereafter several reminders were also filed

                   but till date the authority has not taken any steps for considering

                   the said application and appointing the petitioner as a PDS

                   dealer. Learned counsel submits that the Respondent No. 4, who
             Patna High Court CWJC No.2149 of 2026(2) dt.13-03-2026
                                                         2/2




                       is the competent authority, may be directed to dispose of the

                       representation made by the petitioner and necessary orders

                       passed.

                                   3. Learned counsel appearing on behalf of the

                       respondent-State submits that he has no objection in case the

                       direction is given to the Respondent No. 4, the Sub-Divisional

                       Officer, Sheohar to dispose of the representation made by the

                       petitioner strictly in accordance with law.

                                   4. Having regard to the same, the present writ petition

                       is dispose of directing the Respondent No. 4, i.e., the Sub-

                       Divisional Officer, Sheohar to consider the representations made

                       by the petitioner dated 22.02.2024, 27.06.2025 and 05.07.2025

                       as expeditiously as possible preferably within a period of 8

                       weeks from the date of receipt of a copy of this order. Any order

                       passed shall be communicated to the parties. The authority

                       before passing any order shall put the petitioner on notice and

                       grant him an opportunity of hearing.

                                   5. With the above directions, the present writ petition

                       stands disposed of.


                                                                      (A. Abhishek Reddy , J)
Bhardwaj/-

U

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